2025 Earned Sick and Safe Time Update: The previously worded and newly amended ESST provisions are laid out below*:
Previous Provision: Employers may now require an employee to give notice of the need for earned sick and safe timeĀ as soon as practicable.
Amended Provision: Employers may now require employees to give notice of the need for earned sick and safe timeĀ as reasonably required by the employer.
Previous Provision: Employers can request documentation when an employee uses ESST for more thanĀ threeĀ consecutive days.
Amended Provision: Employers may request documentation when an employee uses ESST for more thanĀ twoĀ consecutive days.
*Hospitality Minnesota thanks Peters & Kappenman Labor Law for providing the details on these 2025 ESST and Paid Leave Updates.
Effective Jan. 1, 2024, Minnesotaās ESST law requires employers to provide paid leave to employees who work in the state.
Sick and safe time is paid leave that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking.
Employers must provide employees with one hour of sick and safe time for every 30 hours worked, up to at least 48 hours each year, unless the employer agrees to a higher amount.
Employers have other responsibilities under the ESST law, including providing the total number of ESST hours available for use and the total number of ESST hours used on employeesā earnings statements or paystubs at the end of each pay period.
Also, employers must provide employees with a notice by Jan. 1, 2024, or at the start of employment, whichever is later. The notice must be provided in English and in an employeeās primary language if that is not English.
Get more information: Utilize the following resources to understand how this change will impact your business.
Resources from the Department of Health:
- June 2024 ESST Update - Department of Health
- Earned Sick and Safe Time (ESST) Law
- Understand your employee's illness, exclusions, and reporting responsibilities
- Resources
Resources from the Department of Labor and Industry:
- May 2024 ESST Update - Department of Labor and Industry
- Employee Notice
- Workplace Poster
- DLI's FAQ's on ESST
- DLI's Presentation on ESST
- Fact Sheet: English | Hmong | Spanish
Resources From Hospitality Minnesota:
- HM Earned Sick and Safe Time Memo
- Operating Now: Earned Sick and Safe Time (Recorded 9/14/2023)
- Earned Sick and Safe Time Presentation (Presented 9/14/2023)
- Operating Now: Paid Family Medical Leave and Earned Safe and Sick Time CallĀ (Recorded 2/5/2023)